1 - General

1.1 Who is eligible to apply for NHS Education for Scotland Tier 2 sponsorship?

Non-UK/non-EEA nationals who have been appointed to a Medical Training Programme in Scotland (excluding Foundation Trainees) or Dental DCT and ST trainees are eligible to apply for NHS Education for Scotland Tier 2 sponsorship.

1.2 What are the benefits of being sponsored under Tier 2 by NHS Education for Scotland?

The Tier 2 Certificate of Sponsorship NES assigns will cover the duration of the training programme and all rotations, up to a maximum of five years if required for the programme, as per Home Office regulations. Trainees will only have to apply for a new visa when their programme comes to an end, or after five years for programmes exceeding five years in duration, rather than applying every time their employment changes as a result of a change in rotation.

This reduces both the administrative and financial costs involved of applying for a new Tier 2 sponsorship visa each time employment changes due to a change in rotation.

Non-UK/-non-EEA doctors or dentists should visit/contact the Home Office for information on other types of visas that will allow you to work as a Doctor or Dentist in Training in the UK for the duration of your training programme.

NHS Education for Scotland can only act as a Tier 2 sponsor for Medical Trainees (excluding Foundation Trainees) and Dental DCT or ST Trainees working in NHS Scotland.

1.6 What is the role of NHS Education for Scotland, the deanery and the employer?

NHS Education for Scotland is the Tier 2 sponsor for Medical Trainees (excluding Foundation Trainees) and Dental DCT and ST trainees working in NHS Scotland.

NHS Scotland territorial board employers are key partners to help NHS Education for Scotland effectively manage the reporting and monitoring of all NES sponsored trainees as per Home Office regulations. A Standard Operating Procedure (SOP) document exists between NHS Education for Scotland, and each NH S Scotland territorial board in Scotland, to formalise, underpin and support the management of Tier 2 trainees.

I agree to provide the information requested in the Tier 2 Sponsorship Trainee Guidance Document in a timely manner and no later than the deadlines outlined in the document.

I declare that the information I have given in support of my COS application, including information supplied on this system and any attached documentation, is, to the best of my knowledge and belief true and complete. I understand that if it is subsequently discovered that any information is incorrect, it may result in my COS application being rejected.

I understand that immigration legislation is subject to change, and that any changes may have an impact on whether or not NES will be able to sponsor me. I understand that whilst NES will try their best to accommodate migrants who require Tier 2 sponsorship, this is not guaranteed, and is dependent on my visa application as well as Home Office legislation.

I am aware that if NES are unable to secure a certificate of sponsorship licence for me, or, if they can, and my subsequent Tier 2 visa application is refused, they will not be able to sponsor me, and I will not be eligible to take up post.

1.9 Can a trainee work less than full time whilst sponsored under Tier 2?

It is our understanding from Home Office guidance that a trainee can work less than full time provided the rate of pay continues to meet the current Home Office appropriate rates for the job. The current appropriate rate for a medical trainee job code, 2211 Medical Practitioner - Specialty Registrars or a dental trainee job code, 2215 Dental Practitioner - Specialty Registrars, in Home Office regulations is £30,002. Therefore, the salary pro rata cannot be less than this amount. If a trainees salary is less than the minimum amount NES will not be able to sponsor them.

If you are already sponsored by NHS Education for Scotland full time, and wish to reduce your hours, this must be reported to NES and your employer immediately so we can ensure your salary will continue to meet Home Office requirements. As part of the Home Office legislation with regard to Tier 2, NES are also required to report any changes in circumstance to the Home Office directly via the Sponsor Management System. This includes a reduction in hours as this will also change your salary.

The Home Office can be contacted via the Home Office website. Tier 2 applicants can also contact the Home Office UK Visas and Immigration Contact Centre via telephone on 0300 123 2241. Employers should contact the Home Office on 0300 123 4699.

As part of the internal NHS Education for Scotland Tier 2 management and quality processes, each trainee applying for Tier 2 sponsorship will need to register for, and maintain a personal online Tier 2 account. The account is used to record of all personal details, educational details and host copies of all required documents to verify and support sponsorship. It is necessary to record these details as they are used to create the Certificate of Sponsorship (COS) as required by the Home Office and used as a management tool to meet the on-going NHS Education for Scotland sponsorship responsibilities. It is therefore vital that all details and documents provided are accurate and up-to-date. Failure to keep the information up-to-date is a breach of the terms of sponsorship and could result in sponsorship being withdrawn.

2.2 How do trainees register for a personal, online NHS Education for Scotland Tier 2 account?

Any doctors or dentists who accept the offer of a training programme in Scotland who have been noted by the recruiting organisation as requiring a Tier 2 visa will be sent an email inviting them to register for an online NHS Education for Scotland Tier 2 account shortly after the offers process concludes.

Before a trainee can apply to the Home Office for permission to enter/remain in the UK under Tier 2, NHS Education for Scotland must assign a unique, Certificate of Sponsorship (COS) to each trainee.

The COS confirms to the Home Office the trainee has been appointed to a training programme and that NES will be their sponsor.

The COS is a 'virtual document' similar to a database record, has a unique reference number and contains information about the trainee and the programme they have been appointed to.

The COS number should be used to complete and support the Home Office Tier 2 application. Please read Home Office guidance regarding making an application carefully before applying to ensure you meet all the requirements.

Important: a COS is only valid if:

it contains the same details given on the Tier 2 account and supporting documents;

it was assigned no more than three months before the date of Home Office application; and

it has not been withdrawn or cancelled by NHS Education for Scotland or the Home Office.

IMPORTANT: A COS cannot be used more than once. If an application is refused by the Home Office, a new COS number will be required. Please see FAQ 4.2 for details.

Every successful NHS Education for Scotland Tier 2 applicant who has been appointed to a recognised Medical Training Programme or Dental DCT or ST Training Programme, registered for a Tier 2 account; and provided the required details and documents, within the agreed deadline can expect to receive a COS via an email from NES.

Failure to provide any of the information or documents required by deadlines stated will result in a delay to the COS being issued and may have an impact on a trainees start date. If any information is not provided at all, and/or the appointment does not meet Home Office regulations, NES will not be able to issue a COS.

2.5 What details/documents does NHS Education for Scotland (NES) require in order to assign a COS?

In order to be considered for a COS, every Tier 2 applicant must provide the following information within their personal, online Tier 2 account:

Agree to the Terms and conditions of sponsorship

Complete all mandatory details on ‘Personal’ tab

Complete all mandatory details on ‘ID’ tab

Complete mandatory field on ‘Employment’ tab

NES requires that each Tier 2 sponsored trainee has a personal online NES Tier 2 account. The trainee must complete the account with their details and Upload attestedcopies of the following required documents if these have not already been provided by the recruitment team:

- Passport photo page: this page is needed to verify the trainees identity and validity of the passport; the passport expiry date must therefore be visible. If the expiry date/extension is on another page, trainees must upload a single document with both the photo page and expiry page in one document.

- Current visa: an attested copy of this is required which clearly shows the type of visa and expiry date. If the trainee has been issued with a Biometric Residence Permit, an attested copy of both sides of this must be included.

2.7 Why is the salary on the Tier 2 account the minimum point of the payscale?

All Tier 2 trainees salaries are automatically defaulted to the minimum point of the payscale on their Certificate of Sponsorship application unless their employer has received evidence of their current salary and can confirm otherwise. We appreciate that if a trainee has already been working in NHS Scotland their salary may be higher once they are actually in post. However, for sponsorship purposes this should not adversely impact a trainees’ visa application as the minimum salary is still higher than the minimum Home Office requirements for the post.

3 - Completing the Home Office Tier 2 Application

3.1 When should a trainee apply to the Home Office for a new Tier 2 visa to commence/continue their training programme?

It is recommended that you apply for your new visa as soon as you receive the COS (which is valid for three months from the date it was assigned). Without a COS number, you cannot apply to the Home Office for your Tier 2 visa.

IMPORTANT: before using your COS and applying to the Home Office, you should ensure that you meet all of the Home Office requirements. Please refer to the Home Office website for Tier 2 guidance and application requirements.

3.2 Where can trainees find the Home Office Tier 2 visa application form?

The application form can be accessed on the Home Office website. NHS Education for Scotland advises that trainees read the form and accompanying Home Office guidance & NHS Education for Scotland information very carefully. If the required information and documentation is not submitted, or if information is inconsistent with sponsor records, the application will be refused.

3.4 Can NHS Education for Scotland help trainees complete the Home Office Tier 2 application form?

NHS Education for Scotland are not immigration experts and are unable to provide any guidance or help with completing the online or paper Home Office Tier 2 application form. Trainees should directly contact the Home Office for advice. The web address is www.HomeOffice.homeoffice.gov.uk; telephone number for Home Office UK Visas and Immigration Contact Centre is 0300 123 2241.

4.2 What happens if the Home Office refuses a Tier 2 visa application?

If a Tier 2 visa application is refused, the trainee must inform NHS Education for Scotland as a matter of urgency by contacting us at tier2sponsorship@nes.scot.nhs.uk; this is a term of sponsorship. NHS Education for Scotland will act on this information to update their records and carry out their sponsor duties.

If the traineer wishes to appeal, this should be made known to NHS education for Scotland to ensure that the COS is not withdrawn. Alternatively, if the trainee wishes to make a second application/reapply, the trainee will require a new COS. This should be requested at the time of notifying of the application refusal.

If you have received your Tier 2 visa, you must also provide an attested copy which has been signed and verified by your supervisor or a consultant to confirm they have viewed the original document. Please note: if you have been issued a Biometric Resident Permit, we require an attested copy of both sides of this.

To attest the copy, please ensure the consultant or your supervisor views the original document and signs the copy stating that it is “a true likeness of the original", and includes their name, job title, GMC number and date.

You must then attach the attested copy of the Tier 2 visa on to the Tier 2 system. Once you have attached the copy to the system, you should select the "submit" button so we can view it.

A biometric card is the Tier 2 visa as issued in the UK. It is proof of a trainees right to remain in the UK and has replaced the passport stamp for all those trainees who applied in the UK. Trainees will receive a biometric card once the Home Office approves the visa application. If a trainee applies for their visa outside of the UK, they will not be issued with a biometric card; instead they will receive an updated Entry Clearance Stamp in their passport. It is important that every trainee provides an attested copy of both sides the biometric card/entry clearance stamp to NHS Education for Scotland as soon as it is issued.

4.5 Can a trainee work less than full-time whilst sponsored under Tier 2?

It is our understanding from Home Office guidance that a trainee can work less than full time provided the rate of pay continues to meet the current Home Office appropriate rates for the job. The current appropriate rate for a medical trainee job code, 2211 Medical Practitioner - Specialty Registrars or a dental trainee job code, 2215 Dental Practitioner - Specialty Registrars, in Home Office regulations is £30,002. Therefore, the salary pro rata cannot be less than this amount. If a trainees salary is less than the minimum amount NES will not be able to sponsor them.

If you are already sponsored by NHS Education for Scotland full time, and wish to reduce your hours, this must be reported to NES and your employer immediately so we can ensure your salary will continue to meet Home Office requirements. As part of the Home Office legislation with regard to Tier 2, NES are also required to report any changes in circumstance to the Home Office directly via the Sponsor Management System. This includes a reduction in hours as this will also change your salary.

if the trainee did not enrol/ turn up for their first day of work as expected

has their training programme is withdrawn (e.g. is dismissed)

withdraws/resigns from the training programme (post appointment)

completes the training programme earlier than expected

changes their sponsorship/immigration category

has a change to the length of the programme (e.g. extended / remedial training required)

is deferring/taking leave from the programme (statutory/maternity leave only)

takes more than 10 consecutive days leave without permission OR misses x10 ‘expected contacts’**

takes any period of leave (sick, annual, special, maternity/paternity or study leave)

Other (e.g. name change, visa application refused but later overturned via appeal, requests to work less than full time, a suspected breach of visa conditions or any other information relevant to sponsorship).

** Expected contacts include any instance where the sponsored trainee is expected to attend a rotation, lecture, tutorial, seminar or scheduled meeting in relation to their Training Programme. If the sponsored Trainee misses an expected contact due to covering service delivery needs it should not be counted as a missed contact.

For absence or change of condition reporting: employer and deanery users should log in to the Tier 2 system to report the activity. For any other changes they should contact NES at tier2sponsorship@nes.scot.nhs.uk.

NES will use information provided within the Tier 2 database to carry out auditory and quality checks; this information is also required when NES are subject to unannounced audit visits conducted by the Home Office.

Yes. NES sets out clear terms and conditions of sponsorship both in the SOP and in Tier 2 Sponsorship Trainee Guidance Document that must be followed and adhered to by all Tier 2 sponsored trainees for the duration of sponsorship. Some examples of when sponsorship may be withdrawn is if a trainee completes the programme early and no longer requires sponsorship, or if the trainee fails to provide a copy of a required document. For other examples, please refer to the Tier 2 Sponsorship Trainee Guidance Document. It is necessary to have these terms in place to provide clear information of what is expected from the trainees and to ensure that NES are meeting their legal sponsor duties as set by the Home Office.

Trainees may need an extension to their visa if they require additional training time due to sickness, maternity or remedial training. This activity would have been reported NES by the trainee and the employer/deaneryl at the time of the change occurring. Near the end of the trainee’s current visa expiring (we recommend approximately 3 months), the trainee should ensure that their Tier 2 account documents and details are up-to-date and request a new COS from NES (via email). NES will then contact and the deanery who will be required to provide details of the additional training time required (e.g. to include the new expected end date of study and to confirm that training continues as full time on the recognised Training Programme placement). A new COS will be issued using a start date one day after the current visa expiring. Once a new COS is issued, the trainee should complete the Home Office extension application form which can be found on the Home Office website along with information on the relevant fees.